Mumbai Nagpur Court December 2013 Judgments
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Dipak Chandrakant Shirke Vs. Nilesh Marotrao Nagolkar
Court: Mumbai Nagpur
Decided on: Dec-21-2013
Oral Judgment: 1. Heard. 2. Rule. Rule made returnable forthwith. Heard finally by consent of parties. 3. By this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the accused in Summary Criminal Case No.3624 of 2007 of the Court of 8th Judicial Magistrate First Class, Nagpur, assails the order dated 23.01.2013 passed by the said Court rejecting the application preferred by him for dismissal of the complaint. 4. Considering the short controversy involved in the matter, it appears wholly unnecessary to recite in detail regarding the said case except stating that upon the complaint made by the respondent of the petitioner having committed an offence punishable under Section 138 of the Negotiable Instruments Act, the process was issued against the petitioner and three more accused. It appears that the petitioner thereafter preferred an application Exh. 106 for dismissal of the said complaint on the count that he is not the Dir...
M/S R. N. Tandon and Sons Vs. Union of India, Through Its Deputy Chief ...
Court: Mumbai Nagpur
Decided on: Dec-17-2013
Oral Judgment: 1. This is appeal under Section 37 of the Arbitration and Conciliation Act, 1996. The appellant is aggrieved by judgment and order dated 18th December 2007 passed by learned District Judge, Nagpur when he had set aside the Award of Arbitral Tribunal in respect of price escalation awarded to the contractor in the sum of Rs. 7,36,469/- with interest @ 8% per annum. 2. It is grievance of the appellant that respondent Union of India had awarded the work of construction of bridges between CH. 3550 meters to 8000 mtrs in Section III of Metpanjara-Kohli Section of Central Railway which included Earth Work also for tender value in the sum of Rs. 57,21,132/-. The work was to be completed within nine months from the date of acceptance letter excluding monsoon period of four months from 15th June to 15th October and, therefore, total period for completion of contract was 13 months. On issuance of acceptance letter dated 23.1.1991, appellant undertook the aforesaid work. The contrac...
icici Lombard General Insurance Company Limited, Through Its Branch Ma ...
Court: Mumbai Nagpur
Decided on: Dec-17-2013
Oral Judgment: 1. Feeling aggrieved by the judgment and award dated 30th April 2013 passed by the learned Chairman Motor Accident Claims Tribunal, Amravati whereby compensation was awarded in the sum of Rs. 45000/- inclusive of amount of no fault liability together with interest at the rate of 7% from the date of petition till realization, the appellant has filed present appeal. 2. Learned counsel for appellant Insurance Company invited my attention to impugned judgment and award in order to submit that the claimant drove his motor-cycle MH-27/Y-9861 from Warud ST Stand. He was proceeding towards Shendurjanaghat Road in normal speed and according to him, offending motor-cycle MH-27/AB-3195 gave dash to the petitioner's motor-cycle. In the result, petitioner/claimant suffered fracture to right leg of tibia and fibula; fracture of lateral end of left clavicle etc. According to learned Advocate for the Insurer, if at the time of the accident the offending motor-cycle driver did not hold v...
Dinesh Vs. the Collector, Nagpur and Others
Court: Mumbai Nagpur
Decided on: Dec-12-2013
Oral Judgment: (A.S. Chandurkar, J.) Rule. Rule made returnable forthwith and heard finally with the consent of the learned Counsel appearing for the respective parties. 2. Challenge in the present Writ Petition is to a notice dated 02.12.2013, that has been issued by the respondent no.1 for convening a special meeting of respondent no.16 Market Committee, to consider the motion of no confidence that was proposed to be moved against the petitioner. 3. Respondent no.16 Market Committee comprises of 18 Directors, and petitioner is its elected Chairman. The respondent nos. 3 to 15 who are also Directors of the Market Committee forwarded a requisition dated 28.11.2013 to the District Deputy Registrar, Cooperative Societies, Nagpur. In said requisition, it was stated that the aforesaid respondents proposed to move a motion of no confidence against the petitioner. A request was made to the District Deputy Registrar to convene a meeting of the Market Committee for considering the motion of no...
Rajendra Narayanji Narnaware and Others Vs. the Regional Director, Mun ...
Court: Mumbai Nagpur
Decided on: Dec-10-2013
Oral Judgment: 1. Rule made returnable forthwith. Heard submissions advanced by the learned Counsel for the respective parties. 2. The petitioners herein have filed this petition under Articles 226 and 227 of the Constitution of India impugning the order dt.28.10.2013 passed by respondent no.1 in Appeal No.2/2012-13. 3. The question that is raised is as to whether the petitioners as Councilors of Municipal Administration, Municipal Council, Saoner would incur disqualification for their absence from the meetings of the Municipal Council. 4. The facts, briefly stated, are as under : There was a special meeting of Municipal Council on 15.2.2012 which was attended by the petitioners. The next meeting was scheduled on 12.4.2012, which was cancelled. The another meeting of the Municipal Council was on 14.6.2012, during which the petitioners remained absent without seeking or obtaining any leave for their absence. The learned Counsel for the petitioners submitted that from 14.6.2012 it was es...
Prabhakar Vs. Gajanan and Others
Court: Mumbai Nagpur
Decided on: Dec-10-2013
Oral Judgment: 1. This appeal is filed against the Judgment and Award, dt.25.10.2004 passed by the learned Member, Motor Accident Claims Tribunal, Akola in M.A.C.P. No.119 of 1999 whereby compensation was awarded in the sum of Rs.2,00,000/- including no fault liability amount with interest @ 6 % p.a. from the date of petition till realization of the amount. 2. The facts, briefly stated, are as under: That the claimant Gajanan Pralhad Sapkal, aged about 28 years, labourer by occupation went to attend a fair at village Dhargad on 10.8.1998. He decided to return home at Akot. a tractor bearing registration no.MH-30 B-5864 along with trolley bearing registration no.MH-30 E-2886 was standing there. The driver of the tractor was calling the persons for traveling upto Akot by the said tractor-trolley. The claimant also decided to travel by the said tractor-trolley. About 50 persons were sitting in the trolley and the driver namely Purshottam was driving the tractor rashly and negligently and ...
Azizulrahaman and Others Vs. the Nagpur Municipal Corporation, Civil L ...
Court: Mumbai Nagpur
Decided on: Dec-04-2013
Oral Judgment: (B.P. Dharmadhikari, J.) 1. The challenge in Writ Petition No.3795 of 1997 filed by three individuals is to the Resolution dated 2/12/1997 thereby promoting the Junior Engineers as Deputy Engineers. It is not in dispute that the present petition came to be filed on 26/12/1997 and the said Resolution promoting the eight persons came to be implemented on 1/1/1998. The petitioners also challenge the seniority list on the basis of which these eight persons have been promoted and seek direction to respondent No. 1/Nagpur Municipal Corporation to prepare a cadre-wise seniority list of Assistant Engineer-II and Sectional Engineer independently based upon the length of service at a particular post w.e.f. 1/4/1981. On 7/10/1998 the petition has been amended to add prayer to direct the Corporation to act upon the office note dated 1/1/1998. The persons promoted have later on been impleaded as Intervenor/respondent Nos. 2 to 9. 2. In Writ Petition No.667 of 1999 the petitioners see...
The Union of India, Through the General Manager Vs. Shaikh Chand Pasha
Court: Mumbai Nagpur
Decided on: Dec-04-2013
Oral Judgment: 1. This appeal is preferred against the Judgment and Award dated 21st September, 2010 delivered by Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.1/OA-II/RCT/NGP/2009 whereby the Member (Judicial) of the Tribunal was pleased to allow the Claim Application and granted compensation in the sum of Rs.3,20,000/- with interest payable thereof @ 6 % p.a. from the date of application till the date of realisation. 2. The facts, briefly stated, are as under: That the respondent (Claim applicant) Sk. Chand Pasha Sk. Shabbir was travelling from Nanded to Navi Peth Railway Station by Nanded Kachiguda passenger Train No.594 on 19.8.2008., The claim applicant was travelling along with his friend Sk. Shadul. The claim applicant had purchased ticket bearing no.62615964 from Nanded to Navi Peth. It is the case of the applicant that he fell down from the train when the train was near Mudkhed Railway Station due to sudden jerk and heavy rush in the train compartment. ...
The Union of India, General Manager Vs. Mangalabai and Others
Court: Mumbai Nagpur
Decided on: Dec-04-2013
Oral Judgment: 1. This appeal is preferred against the Judgment and Award, dt.28.9.2011 delivered by the learned Member (Judicial) of the Railway Claims Tribunal, Nagpur Bench, Nagpur in Claim Application No.200/OA-II/RCT/NGP/2008 whereby compensation was awarded in the sum of Rs.4,00,000/- along with interest @ 6 % p.a. on the amount of compensation awarded from the date of order till realisation. 2. The facts, briefly stated, are as under: That the Claim Application was filed by the widow, daughter and minor son of deceased Manohar Darunde. Deceased Manohar was travelling by Nagpur Bhusawal Passenger train for going to Wardha from Sindi Railway Station. After Manohar boarded the train, he found that the compartment was heavily crowded with passengers. Therefore, he was standing in the place at the doorway of the bogie. Due to sudden jerk as well as push by the co-passengers, Manohar fell down from the running train between Warud and Seloo road stations at the spot identified as Km. N...
The Oriental Insurance Company Limited Vs. Tularam and Others
Court: Mumbai Nagpur
Decided on: Dec-03-2013
Oral Judgment: 1. The appellant is aggrieved by judgment and award dated 22.8.2012, passed by the learned Member, Motor Accident Claims Tribunal, Wardha, under Section 166 of the Motor Vehicles Act, 1988 (for short, of the Act), in M.A.C.P. No. 179 of 2008, whereby the learned Tribunal partly allowed the petition holding that respondent Nos.2 and 3 along with appellant - The Oriental Insurance Company Limited, are liable to pay compensation of Rs.96,000/- with interest at the rate of six percent per annum from the date of the petition till realization payable to injured Tularam Gaikwad. 2. The facts in brief, are thus : That on 25.5.2008, at about 7:00 p.m., claimant-Tularam was driving his motorcycle namely Hero Honda CD-Delux, bearing Registration No.MH-32/F-0843 with one Ravindra Patil, sitting as pillion rider, from Kharsoli to his village Jaurwada (Khurd). When claimants motorcycle had reached at Mouza Bela Fata, offending motor vehicle i.e. tractor and trolly bearing Registration...
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